Ordinance 1991-20
ORDINANCE NO.
9/- J{ 1)
AN ORDINANCE FOR THE CITY OF WYLIE, TEXAS, ESTABLISHING AN
ACTIVE AND CONTINUING RECORDS MANAGEMENT PROGRAM OF
GOVERNMENT RECORDS.
WHEREAS, Title 6, Subtitle C, Local Government Code
(Local Government Records Act) provides that a municipality
must establish by Ordinance an active and continuing records
management program to be administered by a Records
Management Officer; and
WHEREAS, the City of Wylie desires to adopt an
Ordinance for that purpose and to prescribe policies and
procedures consistent with the Local Government Records Act
and in the interests of cost-effective and efficient
recordkeeping;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, as follows:
Section 1.
DEFINITION OF MUNICIPAL RECORDS
All documents, papers, letters, books, maps, photographs,
sound or video recordings, microfilm, magnetic tape,
electronic media, or other information recording media,
regardless of physical form or characteristic and regardless
of whether public access to it is open or restricted under
the laws of the state, created or received by City of Wylie
or any of its officers or employees pursuant to law or in
the transaction of public business are hereby declared to be
the records of the City of Wylie and shall be created,
maintained, and disposed of in accordance with the
provisions of this Ordinance or procedures authorized by it
and in no other manner.
Section 2.
ADDITIONAL DEFINITIONS
(1) "Department head" means the officer who by
ordinance, order, or administrative policy is in charge of
an office of the City of Wylie that creates or receives
records.
(2) "Essential record" means any record of the City of
Wylie necessary to the resumption or continuation of
operations of the City of Wylie in an emergency or disaster,
to the re-creation of the legal and financial status of the
City of Wylie, or to the protection and fulfillment of
obligations to the people of the state.
(3) "Permanent
Wylie for which the
schedule is given as
record" means any
retention period
permanent.
record of the City of
on a records control
(4) "Records control schedule" means a document
prepared by or under the authority of the Records Management
Officer listing the records maintained by the City of Wylie,
their retention periods, and other records disposition
information that the records management program may require.
(5) "Records management" means the application of
management techniques to the creation, use, maintenance,
retention, preservation, and disposal of records for the
purposes of reducing the costs and improving the efficiency
of recordkeeping. The term includes the development of
records control schedules, the management of filing and
information retrieval systems, the protection of essential
and permanent records, the economical and space-effective
storage of inactive records, control over the creation and
distribution forms, reports, and correspondence, and the
management of micrographics and electronic and other records
storage systems.
(6) "Records liaison officers" mean
designated under Section 10 of this Ordinance.
the
persons
(7) "Records management committee" means the committee
established in Section 6 of this Ordinance.
(8) "Records management officer" means
designated in Section 5 of this Ordinance.
the
person
(9) "Records management plan" means the plan developed
under Section 7 of this Ordinance.
(10) "Retention period" means the minimum time that
must pass after the creation, recording, or receipt of a
record, or the fulfillment of certain actions associated
with a record, before it is eligible for destruction.
Section 3.
MUNICIPAL RECORDS DECLARED PUBLIC PROPERTY
All municipal records as defined in Sec. 1 of this ordinance
are hereby declared to be the property of the City of Wylie.
No municipal official or employee has, by virtue of his or
her position, any personal or property right to such records
even though he or she may have developed or compiled them.
The unauthorized destruction, removal from files, or use of
such records is prohibited.
Section 4.
POLICY
It is hereby declared to be the policy of the City of Wylie
to provide for efficient, economical, and effective controls
over the creation, distribution, organization, maintenance,
use and disposition of all municipal records through a
comprehensive system of integrated procedures for the
management of records from their creation to their ultimate
disposition, consistent with the requirements of the Texas
Local Government Records Act and accepted records management
practice.
Section 5.
DESIGNATION OF RECORDS MANAGEMENT OFFICER
The City Secretary, and the successive holders of said
office, shall serve as Records Management Officer for the
City of Wylie. As provided by state law, each successive
holder of the office shall file his or her name with the
director and librarian of the Texas State Library within
thirty days of the initial designation or of taking up the
office, as applicable.
SECTION 6.
DUTIES
ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE;
A Records Management Committee consisting of the City
Secretary is hereby established. The committee shall:
(a) assist the Records Management Officer in the
development of policies and procedures governing the records
management program;
(b) review the performance of the program on a regular
basis and propose changes and improvements if needed;
(c) review and approve records control
submitted by the Records Management Officer;
schedules
(d) give
in accordance
final approval to the destruction of records
with approved records control schedules; and
(e) actively support and promote the records management
program throughout the City of Wylie.
SECTION 7. RECORDS MANAGEMENT PLAN
APPROVAL OF PLAN, AUTHORITY OF PLAN.
TO
BE
DEVELOPED;
(a) The Records Management Officer and the Records
Management Committee shall develop a records management plan
for the City of Wylie for submission to the City Council.
The plan must contain policies and procedures designed to
reduce the costs and improve the efficiency of
recordkeeping, to adequately protect the essential records
of the municipality, and to properly preserve those records
of the municipality that are of historical value. The plan
must be designed to enable the Records Management Officer to
carry out his or her duties prescribed by state law and this
Ordinance effectively.
(b) Once approved by the City Council the records
management plan shall be binding on all offices,
departments, divisions, programs, commissions, bureaus,
boards, committees, or similar entities of the City of Wylie
and records shall be created, maintained, stored,
microfilmed, or disposed of in accordance with the plan.
(c) State law relating to the duties, other
responsibilities, or recordkeeping requirements of a
department head do not exempt the department head or the
records in the department head's care from the application
of this Ordinance and the records management plan adopted
under it and may not be used by the department head as a
basis for refusal to participate in the records management
program of the City of Wylie.
SECTION 8.
DUTIES OF RECORDS MANAGEMENT OFFICER
In addition to other duties assigned in this Ordinance, the
Records Management Officer shall:
(1) administer
provide assistance
implementation;
the
to
records management program
department heads in
and
its
(2) plan, formulate, and prescribe records disposition
policies, systems, standards, and procedures;
(3) in cooperation with department heads identify
essential records and establish a disaster plan for each
municipal office and department to ensure maximum
availability of the records in order to re-establish
operations quickly and with minimum disruption and expense;
(4) develop
preservation of
city;
procedures to
the historically
ensure the permanent
valuable records of the
(5) establish standards for filing
equipment and for recordkeeping supplies;
and
storage
(6) study the feasibility of and,
establish a uniform filing system and a
control system for the City of Wylie.
if appropriate,
forms design and
(7) provide records management advice and assistance to
all municipal departments by preparation of a manual or
manuals or procedure and policy and by on-site consultation;
(8) monitor records retention schedules and
administrative rules issued by the Texas State Library and
Archives Commission to determine if the records management
program and the municipality's records control schedules are
in compliance with state regulations;
(9) disseminate to the City Council
heads information concerning state laws and
rules relating to local government records;
and department
administrative
( 10)
personnel
management
program;
instruct Records Liaison Officers and other
in policies and procedures of the records
plan and their duties in the records management
(11) direct Records Liaison Officers or other personnel
in the conduct of records inventories in preparation for the
development of records control schedules as required by
state law and this Ordinance.
(12) ensure that the maintenance, preservation,
microfilming, destruction, or other disposition of
municipality is carried out in accordance with the policies
and procedures of the records management program and the
requirements of state law;
(13) maintain records on the volume of records
destroyed under approved records control schedules, the
volume of records microfilmed or stored electronically, and
the estimated cost and space savings as the result of such
disposal or disposition;
(14) report annually to the City Council on the
implementation of the records management plan in each
department of the City of Wylie including summaries of the
statistical and fiscal data complied under Subsection (13);
and
(15) bring to the attention of the City Council non-
compliance by department heads or other municipal personnel
with the policies and procedures of the records management
program or the Local Government Records Act.
SECTION 9.
DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS
In addition to to other duties assigned in thus Ordinance,
department heads shall:
(1) cooperate with the Records Management Officer in
carrying out the policies and procedures established in the
City of Wylie for the efficient and economical management of
records and in carrying out the requirements of this
Ordinance.
(2) adequately document the transaction of government
business and the services, programs, and duties for which
the department head and his or her staff are responsible;
and
(3) maintain the records in his or her care and carry
out their preservation, microfilming, destruction, or other
disposition only in accordance with the policies and
procedures of the records management program of the City of
Wylie and the requirements of this Ordinance.
SECTION 10.
DESIGNATION OF RECORDS LIAISON OFFICERS
Each department head shall designate a member of his or her
staff to serve as Records Liaison Officer for the
implementation of the records management program in the
department. If the Records Management Officer determines
that in the best interests of the records management program
more than one Records Liaison Officer should be designated
for a department, the department head shall designate the
number of Records Liaison Officers specified by the Records
Management Officer. Persons designated as Records Liaison
Officers shall be thoroughly familiar with all the records
created and maintained by the department. In the event of
the resignation, retirement, dismissal, or removal by action
of the department head of a person designated as a Records
Liaison Officer, the department head shall promptly
designate another person to fill the vacancy. A department
head may serve as Records Liaison Officer for his or her
department.
SECTION 11.
OFFICERS
DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON
In addition to other duties assigned
Records Liaison Officers shall:
in
this
Ordinance,
(a) conduct or supervise the conduct of inventories of
the records of the department in preparation for the
development of records control schedules;
(b) in cooperation with the Records Management Officer
coordinate and implement the policies and procedures of the
records management program in their departments; and
(c) disseminate information to department
concerning the records management program.
staff
SECTION 12. RECORDS CONTROL SCHEDULES
APPROVAL; FILING WITH STATE
TO
BE
DEVELOPED;
(a) The Records Management Office, in cooperation with
department heads and Records Liaison Officers, shall prepare
records control schedules on a department by department
basis listing all records created or received by the
department and the retention period for each record.
Records control schedules shall also contain such other
information regarding the disposition of municipal records
as the records management plan may require.
(b) Each records control schedule shall be monitored
and amended as needed by the Records Management Officer on a
regular basis to ensure that it is in compliance with
records retention schedules issued by the state and that it
continues to reflect the recordkeeping procedures and needs
of the department and the records management program of the
City of Wylie.
(c) Before
amended schedule
department head
Committee.
its adoption a records control schedule or
for a department must be approved by the
and the members of the Records Management
(d) Before its adoption a records control schedule must
be submitted to and accepted for filing by the director and
librarian as provided by state law. If a schedule is not
accepted for filing, the schedule shall be amended to make
it acceptable for filing. The Records Management Officer
shall submit the records control schedules to the director
and librarian.
SECTION 13. IMPLEMENTATION OR RECORDS
DESTRUCTION OF RECORDS UNDER SCHEDULE
CONTROL SCHEDULES;
(a) A records controls schedule for a department head
that has been approved and adopted under Section 7 shall be
implemented by department heads and Records Liaison Officers
according to the policies and procedures of the records
management plan.
(b) A record whose retention period has expired on a
records control schedule shall be destroyed unless an open
records request is pending on the record, the subject matter
of the record is pertinent to a pending law suit, or the
department
Management
additional
head requests in
Committee that the
period.
writing
record be
to the
retained
Records
for an
(c) Prior to
approved records
destruction must
Officer from the
the destruction
control schedule,
be obtained by
Records Management
of a record under an
authorization for the
the Records Management
Committee.
SECTION 14. DESTRUCTION OF UNSCHEDULED RECORDS
A record that has not yet been listed on an approved records
control schedule may be destroyed if its destruction has
been approved in the same manner as a record destroyed under
an approved schedule and the Records Management Officer has
submitted to and received back from the director and
librarian an approved destruction authorization request.
SECTION 15.
RECORDS CENTER
A records center, developed pursuant to the plan required by
Section 7, shall be under the direct control and supervision
of the Records Management Officer, Policies and procedures
regulating the operations and use of the records center
shall be contained in the records management plan developed
under Section 7.
SECTION 16.
MICROGRAPHICS
Unless a micrographics program in a department is
specifically exempted by order of the City Council, all
microfilming of records will be centralized and under the
direct supervision of the Records Management Officer. The
records management plan will establish policies and
procedures for the microfilming of municipal records,
including policies to ensure that all microfilming is done
in accordance with standards and procedures for the
microfilming of local government records established in
rules of the Texas State Library and Archives Commission.
The plan will also establish criteria for determining the
eligibility of records for microfilming and protocols for
ensuring that a microfilming program that is exempted from
the centralized operations is, nevertheless, subject to
periodic review by the records management officer as to
cost-effectiveness, administrative efficiency, and
compliance with commission rules.
ATTEST:
AND APPROVED bh/ the City YJ~1J~9Ji~ of the
Texas, this Y day of ~, 1991-
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PASSED
Wyl ie ,
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/Joh~ Akin, Mayor
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APPROVED